Commission Regulation (EC) No 595/2002 of 5 April 2002 amending and rectifying Regulation (EC) No 1520/2000 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amounts of such refunds
Date: 2002-04-05
Institutions: European Commission
Subjects: agricultural product, export refund, food aid, primary product

6.4.2002

EN

Official Journal of the European Communities

L 91/5

COMMISSION REGULATION (EC) No 595/2002

of 5 April 2002

amending and rectifying Regulation (EC) No 1520/2000 laying down common detailed rules for the
application of the system of granting export refunds on certain agricultural products exported in
the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amounts of
such refunds

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

organisation of
Therefore, Annex B requires rectification.

the markets in the sugar sector (6).

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3448/93 of 6
December 1993 laying down the trade arrangements applicable
to certain goods resulting from the processing of agricultural
products (1), as last amended by Regulation (EC) No 2580/
2000 (2), and in particular Article 8(3) thereof,

(4)

(5)

Commission Regulation (EC) No 1520/2000 should
therefore be amended and rectified.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee on Horizontal Questions concerning Trade
in Processed Agricultural Products not listed in Annex I
to the Treaty,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

Commission Regulation (EC) No 1520/2000 of 13 July
2000 laying down common detailed rules for
the
application of the system of granting export refunds on
certain agricultural products exported in the form of
goods not covered by Annex I to the Treaty, and the
criteria for fixing the amounts of such refund (3), as last
amended by Regulation (EC) No 1563/2001 (4), should
be amended to provide that the detailed rules as laid
down by Commission Regulation (EC) No 2298/2001 of
26 November 2001 laying down detailed rules for the
export of products supplied as food aid (5), are applic-
able to applications for refund certificates and refund
certificates issued for the export of products supplied as
food aid.

The deadline for lodging the specific application, where
the export declaration is not the specific application, as
provided for in Article 7(4), second subparagraph of
Regulation (EC) No 1520/2000, is giving rise to difficul-
ties in some Member States. It is appropriate that these
the resolution be
difficulties be addressed and that
applied to files which are still open at the time of entry
into force of this Regulation.

Annex B provides for the payment of sugar refunds in
respect of CN codes 2101 30 11 and 2101 30 91. These
codes are not listed in Annex V to Council Regulation
(EC) No 1260/2001 of 19 June 2001 on the common

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 298, 25.11.2000, p. 5.
(3) OJ L 177, 15.7.2000, p. 1.
(4) OJ L 208, 1.8.2001, p. 8.
(5) OJ L 308, 27.11.2001, p. 16.

Article 1

Regulation (EC) No 1520/2000 is amended as follows:

1. Article 6(1),
following:

second subparagraph,

is

replaced by the

‘The previous subparagraph shall not apply to the supplies
referred to in the third indent of Article 4(1) or Articles 36,
40, 44, 45 and Article 46(1) of Regulation (EC) No 800/
1999, or to the exports referred to in Article 14.’

2. Article 7(4),
following:

second subparagraph,

is

replaced by the

‘The primary requirement shall be considered to have been
fulfilled if the exporter has transmitted the specific applica-
tion(s) relating to goods exported during the period of
validity of the refund certificate in accordance with the
conditions laid down in section VI of Annex F. Where the
specific application is not the export declaration, it must be
lodged within three months of the date of expiry of the
refund certificate bearing the number that has been entered
on the specific application, except in case of force majeure.’

3. Article 10 is replaced by the following:

‘Article 10

Regulation (EC) No 2298/2001 shall apply to applications
for refund certificates and refund certificates issued for
export of goods, which are part of an international food aid
operation within the meaning of Article 10(4) of the Agree-
ment.’

(6) OJ L 178, 30.6.2001, p. 1.

L 91/6

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Official Journal of the European Communities

6.4.2002

4. Annex F is amended as follows:

1. The entry in respect of CN code 2101 30 11 is deleted.

In section I, paragraph 2, the last sentence is deleted.

2. The entry in respect of CN code 2101 30 91 is deleted.

Article 2

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities.

Annex B to Regulation (EC) No 1520/2000 is rectified as
follows:

The modification provided in Article 1(2) shall apply to files
which are still open when this Regulation enters into force.

Article 3

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 April 2002.

For the Commission

Erkki LIIKANEN

Member of the Commission